Patterson v. Pagan

Citations

• 18 S.C. 584
• 1883 S.C. LEXIS 35

Syllabus

<p>1. A party brought in as defendant because the real claimant of the property in dispute, may put in issue the plaintiffs’ capacity to sue.</p> <p>2. Plaintiffs’ incapacity to sue, not clearly appearing from the statements of the complaint, this defense could not be taken by demurrer; it was,-therefore, properly made by answer and proof of the facts.</p> <p>3. The proper probate of a will in another State, with letters testamentary there duly issued to the executors, and an exemplification of these proceedings marked by a probate judge in this State, “filed and.admitted to probate,” do not authorize such executors to bring action in this State, no letters testamentary being here issued.</p>